HomeMy WebLinkAbout12/3/2008 - STAFF REPORTS - 2.D. oFppLMSAR
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gS1FORN� CITY COUNCIL STAFF REPORT
DATE: DECEMBER 3, 2008 CONSENT CALENDAR
SUBJECT: ADOPTION OF A CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974
FROM: David H. Ready, City Manager
BY: James Thompson, City Clerk
SUMMARY
The City Council will consider a Resolution adopting a City of Palm Springs, Conflict of
Interest Code, incorporating designated positions and disclosure categories, pursuant to
the Political Reform Act of 1974.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE
AND SUPERSEDING PREVIOUS RESOLUTIONS WITH RESPECT TO THE
CONFLICT OF INTEREST CODE."
STAFF ANALYSIS:
Pursuant to the Political Reform Act (Government Code Section 81000 et seq.), all
public agencies are required to adopt a conflict of interest code. A code designates
positions required to file Statements of Economic Interests [Fair Political Practices
Commission (FPPC) Form 700), and assigns disclosure categories specifying the types
of interests to be reported. Form 700 is a public document intended to alert public
officials and members of the public to the types of financial interests that may create
conflicts of interests.
The Political Reform Act requires local agencies to review its conflict of interest code
biennially each even-numbered year, and if amendments to an agency's code are
iTErvi NO. �i ��/�
City Council Staff Report
December 3, 2008-- Page 2
Conflict of Interest Code
necessary, the code must be amended by December 30'". An amended code is not
effective until it has been approved by the City Council.
On June 18, 2008, the City Council adopted Resolution No. 22262 directing staff to
review the City's Conflict of Interest Code. Staff reviewed the existing Code and noted
several areas requiring amendments due to change in circumstances in the City
organization; and subsequently filed the 2008 Local Agency Biennial Notice directing
staff to promulgate the necessary amendments.
The criteria used by staff to determine if a certain position should be a designated
position is that the position or office is required to make, or participate in the making of,
decisions, which may foreseeably have a material effect on a financial interest.
The proposed resolution adopts a City of Palm Springs Conflict of Interest Code which
will supersede all previous Codes.
Each local agency code must contain the following:
1. Terms of the Code
The terms of the code comprise the main body of a code and include such
provisions as the manner to report financial interests, the disqualification
procedures etc. The FPPC recommends that agencies incorporate FPPC
Regulation 18730 by reference because the type of information required to be in
the main body of the code is quite complex and Regulation 18730 contains all of
these provisions.
2. Designated Positions
The code must specifically list positions that make or participate in making
decisions. Typically, positions that involve voting on matters, negotiating
contracts, or making recommendations on purchases without substantive review
must be included in codes. Positions listed in G.C. Section 87200 (i.e. Members
of the City Council, Members of the Planning Commission, City Manager, City
Attorney, City Treasurer, etc.) are not required to be included, as these positions
are required to file Form 700 pursuant to G.C. 87200.
3. Disclosure Categories
A primary purpose of the code is to require disclosure of those types of
investments, interests in real property, sources of income and business positions
that designated positions may affect in their decision-making-
The Code prepared by staff meets all the requirements of the Political Reform Act.
City Council Staff Report
December 3, 2008-- Page 3
Conflict of Interest Code
FISCAL IMPACT:
No fiscal impact to adopt the Code. Substantial amount of staff time collecting,
reviewing, logging, and retaining statements; and responding to requests for inspection
and copying of statements.
1ES THOMPSON, CITY CLERK DAVID H. READY, QITY-fd7INTGER f
Attachments:
Proposed Resolution
Conflict of Interest Code
Exhibit A California Code of Regulations Section 18730
Appendix 1 Designated Positions
Appendix 2 Disclosure Categories
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A CONFLICT
OF INTEREST CODE AND SUPERSEDING PREVIOUS
RESOLUTIONS WITH RESPECT TO THE CONFLICT OF
INTEREST CODE.
WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.)
requires local government agencies to promulgate and adopt conflict of interest codes;
and
WHEREAS, on June 18, 2008, the City Council adopted Resolution No. 22262
directing staff to review the City's Conflict of Interest Code; and
WHEREAS, in October, 2008 the City Council received the 2008 Local Agency
Biennial Notice, and directed staff to promulgate the necessary amendments to the
City's Conflict of Interest Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Conflict of Interest Code of the City of Palm Springs, including Exhibit
A, Appendix 1 and Appendix 2, a copy of which is attached hereto and incorporated
herein, is hereby adopted.
SECTION 2. Nothing in this Resolution supersedes the independent applicability of
Government Code Section 87200.
SECTION 3. All previous Resolutions and Minute Orders adopting or amending the
City's Conflict of Interest Code, designated positions or disclosure categories, are
hereby superseded.
ADOPTED THIS 3R" DAY OF DECEMBER, 2008.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
Resolution No.
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) Ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on December 3, 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
CONFLICT OF INTEREST CODE
a: .
CITY OF PALM SPRINGS, CALIFORNIA
SECTION 1: AUTHORITY
Government Code Section 87300 requires the City of Palm Springs to adopt a
Conflict of Interest Code.
SECTION 2: PURPOSE
The purpose of the City of Palm Springs Conflict of Interest Code is to
incorporate by reference the terms of Section 18730 of the California Code of
Regulations pertaining to Conflict of Interest Codes.
SECTION 3: CODE REVIEWING BODY
The City Council of the City of Palm Springs shall be the Code Reviewing Body
for the City of Palm Springs Conflict of Interest Code.
SECTION 4: FILING OFFICER
The City Clerk of the City of Palm Springs shall be the Filing Officer for the City of
Palm Springs Conflict of Interest Code. All persons occupying designated positions
shall file Statements of Economic Interests with the City Clerk.
X,
City of Palm Springs
Conflict of Interest Code
Page 2
The City Clerk shall make statements available for public inspection and
reproduction, shall retain all statements pursuant to State Law, and shall perform all
other duties and responsibilities of the Filing Officer pursuant to State Law.
SECTION 5: CODE ADMINISTRATOR
The City Manager or his/her designee shall be the Code Administrator for the
City of Palm Springs Conflict of Interest Code.
The Code Administrator may promulgate further rules and regulations, which are
not inconsistent with this Code, the Political Reform Act, or any regulation of the Fair
Political Practices Commission; to administer the Conflict of Interest Code, including
nonsubstantive alterations to the Code.
Nonsubstantive alterations shall be limited to the following:
1. The reclassification or renaming of previously designated positions.
2. The deletion of a position for which the classification has been abolished.
3. Definitional or operational provisions in conformity to a statutory
amendment, a regulation of the Fair Political Practices Commission, or a
decision of a Court of competent jurisdiction.
SECTION 6: INCORPORATION BY REFERENCE SECTION 18730 OF THE
CALIFORNIA CODE OF REGULATIONS
Section 18730 of Title 2, Division 6, of the California Code of Regulations, as set
forth in Exhibit 'A," and any amendments to it duly adopted by the Fair Political
�S
City of Palm Springs
Conflict of Interest Code
Page 3
Practices Commission, along with any Appendices, are hereby incorporated by
reference and constitute the Conflict of Interest Code of the City of Palm Springs.
SECTION 7: DESIGNATED POSITIONS
The positions listed in Appendix 1 are Designated Positions. Officers and
employees holding those positions are Designated Positions and are deemed to make,
or participate in the making of, decisions, which may foreseeably have a material effect
on a financial interest. Consultants may be Designated Positions, as determined by the
Code Administrator.
The Members of the City Council, City Manager, City Attorney, City Treasurer,
Members of the Planning Commission, other public officials who manage public
investments, and candidates for any of these offices at any election, are required to file
Statements of Economic Interest pursuant to Government Code Section 87200 et. seq.,
therefore; they are not included as designated positions in Appendix 1.
For purposes of this Code, it has been determined that the position of City
Treasurer/Director of Finance, manages public investments pursuant to Government
Code Section 87200.
SECTION 8: DISCLOSURE CATEGORIES
Such persons holding designated positions shall report economic interests as set
forth in Appendix 2.
w� �
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the
designation of employees and the formulation of disclosure categories in the
Appendix referred to below constitute the adoption and promulgation of a conflict
of interest code within the meaning of Government Code section 87300 or the
amendment of a conflict of interest code within the meaning of Government Code
section 87306 if the terms of this regulation are substituted for terms of a conflict
of interest code already in effect. A code so amended or adopted and
promulgated requires the reporting of reportable items in a manner substantially
equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act,
Government Code sections 81000, et seq. The requirements of a conflict of
interest code are in addition to other requirements of the Political Reform Act,
such as the general prohibition against conflicts of interest contained in
Government Code section 87100, and to other state or local laws pertaining to
conflicts of interest-
(b) The terms of a conflict of interest code amended or adopted and promulgated
pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations
of the Fair Political Practices Commission (2 Cal. Code of Regs. sections
18100, et seq.), and any amendments to the Act or regulations, are
incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.
The persons holding positions listed in the Appendix are designated
employees. It has been determined that these persons make or participate
in the making of decisions which may foreseeably have a material effect
on economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those
designated employees who are also specified in Government Code
section 87200 if they are designated in this code in that same capacity or
if the geographical jurisdiction of this agency is the same as or is wholly
included within the jurisdiction in which those persons must report their
economic interests pursuant to article 2 of chapter 7 of the Political
Reform Act, Government Code sections 87200, et seq.
City of Palm Springs
Conflict of Interest Code
Exhibit A—Page 1
In addition, this code does not establish any disclosure obligation for any
designated employees who are designated in a conflict of interest code for
another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly
included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same
as that required under article 2 of chapter 7 of the Political Reform Act,
Government Code section 87200; and
(C) The filing officer is the same for both agencies.
Such persons are covered by this code for disqualification purposes only.
With respect to all other designated employees, the disclosure categories
set forth in the Appendix specify which kinds of economic interests are
reportable. Such a designated employee shall disclose in his or her
statement of economic interests those economic interests he or she has
which are of the kind described in the disclosure categories to which he or
she is assigned in the Appendix. It has been determined that the
economic interests set forth in a designated employee's disclosure
categories are the kinds of economic interests which he or she
foreseeably can affect materially through the conduct of his or her office-
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its
code to file statements of economic interests with the agency or with the
code reviewing body, as provided by the code reviewing body in the
agency's conflict of interest code. 2
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency
on the effective date of this code, as originally adopted, promulgated and
approved by the code reviewing body, shall file statements within 30 days
after the effective date of this code. Thereafter, each person already in a
position when it is designated by an amendment to this code shall file an
initial statement within 30 days after the effective date of the amendment-
(B) Assuming Office Statements. All persons assuming designated
positions after the effective date of this code shall file statements within 30
days after assuming the designated positions, or if subject to State Senate
confirmation, 30 days after being nominated or appointed.
City of Palm Springs
Conflict of Interest Code
Exhibit A—Page 2
(C) Annual Statements. All designated employees shall file statements no
later than April 1.
(D) Leaving Office Statements. All persons who leave designated
positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming
Office.
Any person who resigns within 12 months of initial appointment, or within
30 days of the date of notice provided by the filing officer to file an
assuming office statement, is not deemed to have assumed office or left
office, provided he or she did not make or participate in the making of, or
use his or her position to influence any decision and did not receive or
become entitled to receive any form of payment as a result of his or her
appointment. Such persons shall not file either an assuming or leaving
office statement.
(A) Any person who resigns a position within 30 days of the date of a
notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under
penalty of perjury that during the period between appointment and
resignation he or she did not make, participate in the making, or
use the position to influence any decision of the agency or receive,
or become entitled to receive, any form of payment by virtue of
being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic
Interests.
(A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in
real property and business positions held on the effective date of the code
and income received during the 12 months prior to the effective date of the
code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments,
interests in real property and business positions held on the date of
assuming office or, if subject to State Senate confirmation or appointment,
on the date of nomination, and income received during the 12 months
City of Palm Springs
Conflict of Interest Code
Exhibit A—Page 3
prior to the date of assuming office or the date of being appointed or
nominated, respectively.
(C) Contents of Annual Statements.
Annual statements shall disclose any reportable investments, interests in
real property, income and business positions held or received during the
previous calendar year provided, however, that the period covered by an
employee's first annual statement shall begin on the effective date of the
code or the date of assuming office whichever is later, or for a board or
commission member subject to Government Code section 87302.6, the
day after the closing date of the most recent statement filed by the
member pursuant to 2 Cal. Code Regs. section 18754.
(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests
in real property, income and business positions held or received during the
period between the closing date of the last statement filed and the date of
leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by
the Fair Political Practices Commission and supplied by the agency, and
shall contain the following information:
(A) Investments and Real Property Disclosure.
When an investment or an interest in real propere is required to be
reported,4 the statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a
general description of the business activity in which the business entity is
engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest
in real property equals or exceeds two thousand dollars ($2,000), exceeds
ten thousand dollars ($10,000), exceeds one hundred thousand dollars
($100,000), or exceeds one million dollars ($1,000,000).
City of Palm Springs
Conflict of Interest Code
Exhibit A—Page 4 y
(B) Personal Income Disclosure. When personal income is required to be
reported,5 the statement shall contain:
1. The name and address of each source of income aggregating five
hundred dollars ($500) or more in value, or fifty dollars ($50) or more in
value if the income was a gift, and a general description of the business
activity, if any, of each source;
2. A statement whether the aggregate value of income from each source,
or in the case of a loan, the highest amount owed to each source, was one
thousand dollars ($1,000) or less, greater than one thousand dollars
($1,000), greater than ten thousand dollars ($10,000), or greater than one
hundred thousand dollars ($100,000);
3. A description of the consideration, if any, for which the income was
received;
4. In the case of a gift, the name, address and business activity of the
donor and any intermediary through which the gift was made; a
description of the gift; the amount or value of the gift; and the date on
which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any,
given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity,
including income of a sole proprietorship, is required to be reported,6 the
statement shall contain:
1. The name, address, and a general description of the business activity of
the business entity;
2. The name of every person from whom the business entity received
payments if the filer's pro rata share of gross receipts from such person
was equal to or greater than ten thousand dollars ($10,000).
(D) Business Position Disclosure. When business positions are required to
be reported, a designated employee shall list the name and address of
each business entity in which he or she is a director, officer, partner,
trustee, employee, or in which he or she holds any position of
management, a description of the business activity in which the business
entity is engaged, and the designated employee's position with the
business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an
annual or leaving office statement, if an investment or an interest in real
City of Palm Springs
Conflict of Interest Code
exhibit A—Page 5
ci
property was partially or wholly acquired or disposed of during the period
covered by the statement, the statement shall contain the date of
acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated
employee of a state or local government agency, shall accept any
honorarium from any source, if the member or employee would be
required to report the receipt of income or gifts from that source on his or
her statement of economic interests. This section shall not apply to any
part time member of the governing board of any public institution of higher
education, unless the member is also an elected official.
Subdivisions (a), (b), and (c) of Government Code section 89501 shall
apply to the prohibitions in this section.
This section shall not limit or prohibit payments, advances, or
reimbursements for travel and related lodging and subsistence authorized
by Government Code section 89506.
(8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of$420.
(A) No member of a state board or commission, and no designated
employee of a state or local government agency, shall accept gifts with a
total value of more than $420 in a calendar year from any single source, if
the member or employee would be required to report the receipt of income
or gifts from that source on his or her statement of economic interests.
This section shall not apply to any part time member of the governing
board of any public institution of higher education, unless the member is
also an elected official.
Subdivisions (e), (f), and (g) of Government Code section 89503 shall
apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the
date of his or her election to office through the date that he or she vacates
office, receive a personal loan from any officer, employee, member, or
consultant of the state or local government agency in which the elected
officer holds office or over which the elected officer's agency has direction
and control.
(B) No public official who is exempt from the state civil service system
pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII
City of Palm Springs
Conflict of Interest Code
Exhibit A—Page 6
of the Constitution shall, while he or she holds office, receive a personal
loan from any officer, employee, member, or consultant of the state or
local government agency in which the public official holds office or over
which the public official's agency has direction and control. This
subdivision shall not apply to loans made to a public official whose duties
are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the
date of his or her election to office through the date that he or she vacates
office, receive a personal loan from any person who has a contract with
the state or local government agency to which that elected officer has
been elected or over which that elected officer's agency has direction and
control. This subdivision shall not apply to loans made by banks or other
financial institutions or to any indebtedness created as part of a retail
installment or credit card transaction, if the loan is made or the
indebtedness created in the lender's regular course of business on terms
available to members of the public without regard to the elected officer's
official status.
(D) No public official who is exempt from the state civil service system
pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII
of the Constitution shall, while he or she holds office, receive a personal
loan from any person who has a contract with the state or local
government agency to which that elected officer has been elected or over
which that elected officer's agency has direction and control. This
subdivision shall not apply to loans made by banks or other financial
institutions or to any indebtedness created as part of a retail installment or
credit card transaction, if the loan is made or the indebtedness created in
the lender's regular course of business on terms available to members of
the public without regard to the elected officer's official status. This
subdivision shall not apply to loans made to a public official whose duties
are solely secretarial, clerical, or manual-
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or
candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law,
nephew, niece, aunt, uncle, or first cousin, or the spouse of any such
persons, provided that the person making the loan is not acting as an
agent or intermediary for any person not otherwise exempted under this
section.
City of Palm Springs
Conflict of Interest Code
Exhibit A--Page 7
S_
3. Loans from a person which, in the aggregate, do not exceed five
hundred dollars ($500) at any given time_
4. Loans made, or offered in writing, before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or
local government agency shall, from the date of his or her election to office
through the date he or she vacates office, receive a personal loan of five
hundred dollars ($500) or more, except when the loan is in writing and
clearly states the terms of the loan, including the parties to the loan
agreement, date of the loan, amount of the loan, term of the loan, date or
dates when payments shall be due on the loan and the amount of the
payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent,
grandparent, grandchild, brother, sister, parent-in-law, brother-in-law,
sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of
any such person, provided that the person making the loan is not acting as
an agent or intermediary for any person not otherwise exempted under
this section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other
provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any
designated employee shall become a gift to the designated employee for
the purposes of this section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute
of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year
has elapsed from the later of the following:
a. The date the loan was made.
City of Palm Springs
Conflict of Interest Code
Exhibit A—Page 8
b. The date the last payment of one hundred dollars ($100) or more
was made on the loan.
c. The date upon which the debtor has made payments on the loan
aggregating to less than two hundred fifty dollars ($250) during the
previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a
candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A),
but on which the creditor has taken reasonable action to collect the
balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A),
but on which the creditor, based on reasonable business considerations,
has not undertaken collection action. Except in a criminal action, a creditor
who claims that a loan is not a gift on the basis of this paragraph has the
burden of proving that the decision for not taking collection action was
based an reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is
ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other
provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way
attempt to use his or her official position to influence the making of any
governmental decision which he or she knows or has reason to know will
have a reasonably foreseeable material financial effect, distinguishable
from its effect on the public generally, on the official or a member of his or
her immediate family or on:
(A) Any business entity in which the designated employee has a direct or
indirect investment worth two thousand dollars ($2,000) or more;
(B) Any real property in which the designated employee has a direct or
indirect interest worth two thousand dollars ($2,000) or more;
City of Palm Springs
Conflict of Interest Code
Exhibit A—Page 9
(C) Any source of income, other than gifts and other than loans by a
commercial lending institution in the regular course of business on terms
available to the public without regard to official status, aggregating five
hundred dollars ($500) or more in value provided to, received by or
promised to the designated employee within 12 months prior to the time
when the decision is made;
(D) Any business entity in which the designated employee is a director,
officer, partner, trustee, employee, or holds any position of management;
or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts
aggregating $420 or more provided to, received by, or promised to the
designated employee within 12 months prior to the time when the decision
is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating
in the making of any decision to the extent his or her participation is legally
required for the decision to be made. The fact that the vote of a
designated employee who is on a voting body is needed to break a tie
does not make his or her participation legally required for purposes of this
section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state
administrative official shall make, participate in making, or use his or her
official position to influence any governmental decision directly relating to
any contract where the state administrative official knows or has reason to
know that any party to the contract is a person with whom the state
administrative official, or any member of his or her immediate family has,
within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not
available to members of the public, regarding any investment or interest in
real property; or
(B) Engaged in a business transaction or transactions on terms not
available to members of the public regarding the rendering of goods or
services totaling in value one thousand dollars ($1,000) or more.
(10) Section 10. Disclosure of Disqualifying Interest.
City of Palm Springs
Conflict of Interest Code
Exhibit A—Page 10
n
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When a designated employee determines that he or she should not make
a governmental decision because he or she has a disqualifying interest in
it, the determination not to act may be accompanied by disclosure of the
disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of his or her duties under this
code may request assistance from the Fair Political Practices Commission
pursuant to Government Code section 83114 and 2 Cal. Code Regs.
sections 18329 and 18329.5 or from the attorney for his or her agency,
provided that nothing in this section requires the attorney for the agency to
issue any formal or informal opinion.
(12) Section 12. Violations.
This code has the force and effect of law. Designated employees violating
any provision of this code are subject to the administrative, criminal and
civil sanctions provided in the Political Reform Act, Government Code
sections 81000 — 91014. In addition, a decision in relation to which a
violation of the disqualification provisions of this code or of Government
Code section 87100 or 87450 has occurred may be set aside as void
pursuant to Government Code section 91003.
NOTE: Authority cited: Section 83112, Government Code. Reference: Sections
87103(e), 87300 87302, 89501, 89502 and 89503, Government Code.
Designated employees who are required to file statements of economic interests
under any other agency's conflict of interest code, or under article 2 for a different
jurisdiction, may expand their statement of economic interests to cover reportable
interests in both jurisdictions, and file copies of this expanded statement with both
entities in lieu of filing separate and distinct statements, provided that each copy of such
expanded statement filed in place of an original is signed and verified by the designated
employee as if it were an original. See Government Code section 81004.
2 See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the
duties of filing officers and persons in agencies who make and retain copies of
statements and forward the originals to the filing officer.
3 For the purpose of disclosure only (not disqualification), an interest in real property
does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than
$2,000 are not investments and interests in real property within the meaning of the
City of Palm Springs
Conflict of Interest Code
Exhibit A—Page 11
Political Reform Act. However, investments or interests in real property of an individual
include those held by the individual's spouse and dependent children as well as a pro
rata share of any investment or interest in real property of any business entity or trust in
which the individual, spouse and dependent children own, in the aggregate, a direct,
indirect or beneficial interest of 10 percent or greater.
5 A designated employee's income includes his or her community property interest in the
income of his or her spouse but does not include salary or reimbursement for expenses
received from a state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of
the filer and the filer's spouse in the business entity aggregates a 10 percent or greater
interest. In addition, the disclosure of persons who are clients or customers of a
business entity is required only if the clients or customers are within one of the
disclosure categories of the filer.
City of Palm Springs
Conflict of Interest Code
Exhibit A—Page 12
CITY OF PALM SPRINGS, CALIFORNIA
CONFLICT OF INTEREST CODE
Appendix 1
Designated Positions
Designated Positions Disclosure
Categories
BOARDS AND COMMISSIONS
Administrative Appeals Board Member 5 ALL
Airport Commissioner 19 ALL
Architectural Advisory Committee 9 ALL
Board of Appeals Member 7 ALL
Historic Site Preservation Board Member 7 ALL
Human Rights Commissioner 9 ALL
Library Board Member (5) ALL
Parks and Recreation Commissioner 9 ALL
Personnel Board Member (5) _ _ ALL
Public Arts Commissioner (7) ALL
Rent Review Commissioner 5 ALL
Resource Conservation Commission 11 ALL
Villa eFest Board Member 5 ALL
ADMINISTRATION
City Clerk 1 ALL
Assistant City Manager 1 ALL
Director of Human Resources 1 ALL
Assistant City Attorney 3 ALL
Procurement and Contracting Manager 1 ALL
Procurement Specialist II 1 ALL
Procurement Specialist I 1 ALL
Director of Communications 1 ALL
Director of Neighborhood and Community Relations 1
Information Technology Manager 1 ALL
Fleet Maintenance Manager 1 ALL
Facilities Maintenance Manager- 11. ALL
AVIATION DEPARTMENT
Executive Director of Aviation 1 ALL
Deputv Director of Aviation 2 ALL
BUILDING AND SAFETY
Director of Building and Safety 1 ALL
Code Compliance Supervisor 1 ALL
Building Inspector Supervisor 2 ALL
Senior Permit Center Technician 1 ALL
Plans Examiner 2 ALL
Building Inspector 5 ALL
Code Compliance Officer 5 ALL
G
CITY OF PALM SPRINGS, CALIFORNIA
CONFLICT OF INTEREST CODE
Appendix 1
Designated Positions
COMMUNITY AND ECONOMIC DEVELOPMENT
Director of Community and Economic Development 1 ALL
Communitt Development Administrator 1 ALL
Economic Development/Downtown Administrator 1 ALL
FINANCE DEPARTMENT
Assistant Director of Finance 1 ALL
Deputy City Treasurer 1 ALL
FIRE DEPARTMENT
Fire Chief 1 ALL
Fire Division Chief 1 ALL
Fire Battalion Chief 3 ALL
LIBRARY
Director of Library Services 1 ALL
PARKS AND RECREATION
Director of Parks and Recreation 1 ALL
Assistant Director of Parks and Recreation 1
PLANNING SERVICES
Director of PlanninQ Services 1 ALL
Principal Planner 2 ALL
Associate Planner 2 ALL
POLICE DEPARTMENT
Police Chief 1 ALL
Police Captain 2 ALL
Police Lieutenant 3 ALL
PUBLIC WORKS AND ENGINEERING
Director of Public Works/Citv Engineer 1 ALL
Assistant Director of Public Works/Assistant City Engineer 1 ALL
Associate Civil Engineer 2 ALL
Engineering Associate 1 ALL
Senior Public Works Inspector 1 ALL
CONSULTANTS ALL
The Code Administrator shall determine, in writing, those consultants
who shall file a Statement of Economic Interest, because they either
make governmental decisions or serve in a staff capacity pursuant to
the Political Reform Act.
Section 87200 Total Number of Filers 16
Section 87300 Total Number of Filers 167
Total Filers City Wide 182
CITY OF PALM SPRINGS, CALIFORNIA
CONFLICT OF INTEREST CODE
Appendix 2
Disclosure Categories
All designated officials, employees and consultants shall be required to file under all of
the following categories of reportable economic interests:
Category A Investments (Form 700 Schedules A 1 and A-2)
All reportable investments of$2,000 or more, for business entities which
are located in, doing business in, planning to do business in, or which
has done business during the previous two years in the City of Palm
Springs.
Category B Real Property (Form 700 Schedule B)
All reportable interests in real property of$2,000 or more, located in the
City of Palm Springs, or within two miles of the City of Palm Springs;
excluding a personal residence as long as the residence is used
exclusively as a personal residence.
Category C Income, Loans, Business Positions (Form 700 Schedule C)
All reportable income, loans and business positions, of $500 or more, if
the source is located in, doing business in, planning to do business in, or
has done business during the previous two years in the City of Palm
Springs.
Category D Gifts (Form 700 Schedule D)
All reportable gifts fair market value of S50 or more, or multiple gifts
totaling $50 or more received during the reporting period.
Category E Travel Payments (Form 700 Schedule E)
All reportable travel payments including advances and reimbursements
for travel and related expenses, including lodging and meals, if the
source resides in, is located in, doing business in, planning to do
business in, or has done business during the previous two years'in the
City of Palm Springs.
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
(M
CITY CLERK'S DEPARTMENT
James Thompson, City Clerk
Meeting
Date: December 3, 2008
Subject: Adoption of a Conflict of Interest Code
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing will be published in the Desert
Sun on November 22, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify
that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E.
Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the
City Clerk on November 20, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
n
Dolores Strickstdin
Secretary
PROOF OF PU13LICATION This is space Ibr County Clerk's Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid; 1 am over the age of eighteen —......
- _ ----------
years,and not a party to or interested in the No A13e
above-entitled matter.I am the principal clerk of a CITY OF PALM SPRINGS
printer of the,DESERT SUN PUBLISHING
NOUNCI Of HEREEV GIVEN g, the CITY
COMPANY a newspaper of general circulation, COUNCIL qt the aCitydo of Polm Spdoqs,of interes
printed and ublibbed in the sit of Palm Springs, will consider ee ngof D of a BER a.t of interest
P P y Cade 9t Its meeting el O gins at R 3.2006.I The
Count of Riverside and which newspaper has been Clry cif Chd meeting City
Ha at 206. 0 T In the
Y rcouncil chamber at city Hall,33co E Tdngwn
adjudged a newspaper of general circulation by the -Canyon way.Palm Springs,
Superior Court of the County of Riverside,State of The purposg in to consider the adoption of the City
of Palm Springs Conflict of Interest Code pursuant
California under the date of March 24, 1988,Case 10 Iho Political Reform Act [Government Codo
Number 191236;that the notice,of which the Section 873001.
annexed is a printed copy(set in type not smaller REVIEW OF INFORMATION 'inn stab report
and other suponin documents regarding this
than non pariel,has been published in each regular matter are avaPaule 9or pubil review at thr Clry
and entire issue of said newspaper and not in an Hall balyyween the hoursppof a o0 em.non 5 00 City
Y Clerks OBpartm hill 50)323 8204,contact
f you would
Supplement thereof on the following dates,to wit: Ilke to s'h,%"an appointment to mviuW these
documents
November 220d,20U8 COMMENT ON THIS ITEM:Response to this
--�---`— ------� _...-�---� -- notice can be made verbally at the Public en co -
and/ormants in writing before ins meeting Written coin•
(foreman or han maded dellvery)hto Cary Council pY letter
All in the year 2008 3200 E.TnnuPita�nay ity nw y
Palm Springs,CA 92262
lcertiT or declare under seal of ern that the Interested eison�lebobevheardd.Questionsmerhel
Y( ) penalty perjury rY n P
foregoing is true and correct. directed
1 James Thompson,City Clerk at( 60)
James Thompson,City Clerk
Dated at Palm Springs,California this---26n',—day
published:11122N0
of-----y— yV ve ber --------•---------,2008
/ Signatl re
Cc
� O � I
CITY COUNCIL
CITY OF PALM SPRINGS
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the City of Palm Springs,
California, will consider the adoption of a Conflict of Interest Code at its meeting of
DECEMBER 3, 2008- The City Council meeting begins at 6:00 PM in the Council
Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose is to consider the adoption of the City of Palm Springs Conflict of Interest
Code pursuant to the Political Reform Act [Government Code Section 87300].
REVIEW OF INFORMATION: The staff report and other supporting documents
regarding this matter are available for public review at the City Hall between the hours
of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the City Clerks
Department at (760) 323-8204, if you would like to schedule an appointment to review
these documents.
COMMENT ON THIS ITEM: Response to this notice can be made verbally at the Public
Meeting and/or in writing before the meeting. Written comments can be made to the City
Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
An opportunity will be given at said meeting for all interested persons to be heard.
Questions may be directed to James Thompson, City Clerk at (760) 323-8204.
James Thompson, City Clerk